RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00069
				INDEX CODE:  110.00
				COUNSEL:  None

				HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His under honorable conditions (general) discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

His discharge should be upgraded based on the statute of limitations.

Applicant's complete submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

On 22 September 1983, the applicant enlisted in the Regular Air Force as an airman basic for a period of four years.

On 30 August 1984, the applicant was notified of his commander's intent to recommend him for discharge for misconduct.

The commander stated the reason for the proposed discharge was on 23 May 1984, the applicant tested positive for marijuana use.

In the recommendation for discharge, the commander cited the following derogatory information:

	a.	On 12 January 1984, the applicant received a parking ticket.

	b.	On 23 February 1984, he received a letter of admonishment (LOA) for excessive speed on a parking lot.

	c.	On 18 April 1984, the applicant was counseled on the Open Mess billing system due to his account being overdue.

	d.	On 14 May 1984, the applicant was counseled on the Open Mess billing system due to his account being overdue.

The commander indicated in his recommendation for discharge the applicant had been counseled for a variety of other minor infractions and was enrolled in the Drug Rehabilitation Program.  He further recommended the applicant’s service be characterized as under honorable conditions (general) and he be discharged without probation and rehabilitation.

The commander advised the applicant of his right to consult legal counsel and that legal counsel had been obtained to assist him; and to submit statements in his own behalf, or waive the above rights after consulting with counsel.

On 19 October 1984, after consulting with counsel, applicant invoked his right to submit a statement.

On 4 September 1984, the applicant’s legal counsel requested a delay in the discharge proceedings in order for him to be administered a polygraph examination.

On 11 October 1984, the applicant underwent a polygraph examination.  A review of the polygraph examination determined deception was indicated in the applicant’s responses to relevant questions.

On 25 October 1984, a legal review was conducted in which the staff judge advocate (SJA) recommended the applicant be discharged with an under honorable conditions (general) discharge without probation and rehabilitation.

Applicant was discharged on 2 November 1984, in the grade of airman with an under honorable conditions (general) discharge, in accordance with AFR 39-10 (Misconduct - Drug Abuse).  He served 1 year, 1 month and 11 days of active service.

The applicant submitted a request to the Air Force Discharge Review Board (AFDRB) to have his under honorable conditions (general) discharge upgraded to honorable.  The AFDRB denied the applicant’s request on 17 March 1987.

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AIR FORCE EVALUATION:

AFPC/DPPRS states the applicant has not submitted any evidence nor identified any errors or injustices that occurred in the processing of his discharge.  Based upon the documentation in the applicant's file, they believe his discharge was consistent with the procedural and substantive requirements of the discharge 
regulations of that time.  Also, the discharge was within the sound discretion of the discharge authority.  Also, he did not provide any facts to warrant an upgrade of his discharge.  Based on the information and evidence provided they recommend the applicant's request be denied.

A complete copy of the Air Force evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 13 February 2004, for review and response.  As of this date, no response has been received by this office.  

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THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was not timely filed; however, it is in the interest of justice to excuse the failure of timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Based on the documentation in the applicant's records, it appears that the processing of the discharge and the characterization of the discharge were appropriate and accomplished in accordance with Air Force policy.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the 
submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2004-00069 in Executive Session on 23 March 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 5 Jan 04, w/atchs.
	Exhibit B.  Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPPRS, dated 9 Feb 04.
	Exhibit D.  Letter, SAF/MRBR, dated 13 Feb 04.

							Panel Chair